Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1887-09-30
TROUBLES " TIL CANAD
THE THREs-coRNERE1 PROPOSE
FISH COMMISSION.

Mr.. Bayard's Position with Reference
to American Rights in Behring Sea-
Dominion officials Obtaining Figures
A Poor Fishing season.
WASHINGTON, Sept. 29.-Mr. Drake,
queens counsel, who was sent by the
Dominion government to Alaska to get
some information about the ~sealers seized
last year, appears from his report to
have an idea that there was a difference
OF opinion between Dist. Atty. Ball and
Marshal Atkins as to whether the vessels
should be released in accordance with
the order Of Attorney General Garland of
January % last or not, and that Judge
Dawson, after issuing the order for the
the protest of Ball. to resoind his order
Mr.. Drake was not able to find why the
order of the Encouragement was not
obeyed. Mr.. Drake is probably mistaken
about the attitude eff Mr.. Ball. The dis
trict attorney, the marshal, and the
judge are subordinates of the attorney
general, the cabinet officer in whose
hands the whole matter rested after the
s~ubordinates of the treasurytdepartment
had captured the sealers and taken them
into port.
1t is probable that all these gentlemen
understand what the attorney general
wanted done, and that none of them. at
tempted to carry out a different pro-
gramme. Judge Dawson's withdrawal
of his order to return the vessels to their
owners was not the result of Marshal
Atkins' powers OF discussion, but was
due to directions received from the attor-
ncy general, though it is possible those
directions were communicated through
the marshal, and rot through the dis
triot attorney. The United States gov.
ernmenJ has never, admitted that the
sealers were improperly seized, but thew
were seized outside of the marine league.
and their seizure involves the right of
the United States to exercise Jurisdiction
over half OF Behring sea. Farther than
to hold on to these sealers the admins
tration has neither asserted nor waived
Its right to exercise such jurisdiction.
Russia sold the sea with Alaska, but
whether the Russian title WAS good is a
point on which our government has never
fully committed itself. But the present
administration concluded that IL 1T
waived that right it might as well get
something for it,
In January the attorney-general tele-
Rraphed an order for the release OF the
captured vessels with the idea that the
British government would reciprocste
the courtesy in some concession toward
our fishermen off the coast Of Canada,
especially In the matter of the seizure of
the schooner Adams. But the British
and Dominion governments were too
greedy to do anytime of this kind. They
r1 a nifoafa nd a l{CSanpy. ~. ~ al -. - u
grip OF the north Atlantic fisheries, and
IL was In consequence of this that the of
foials Of Alaska were informed that the
president did not desire the sealers given
up.
Judge Dawson yielded to the represent
tations made by Marshal Atkins, it was
because he knew exactly what inspired
the marsha1's representations. The de-
partment of Justice has no record re-
garding this; affair later than the order of
the attorney general of January 90, and
the wishes OF the administration were
probably communicat I'd privately or in
formally to the marshal. But he knew.
and SO did Judge Dawson, and doubtless
District Attorney Ball, that the admins
tration had determined to hold on to the
captured sealers, but did not care to have
this appear on the records of the district
court in Sitka. The surrender of the
sealefs would have implied in some de-
gree a waiver of our claims to iurisdic-
ton in the Behring sea. Secretary BAY
ard would have had just so much less
capital with which to enter the approach
ing fishery negotiations with England.
Now he Is in aposition to press this claim
against the claim of Canada. We don't
care much about Behring sea, and Mr..
Bayard can afford to offer to abandon our
claims.to it in return for the concession
by England of something that we do
want. a..
1t is understood that Mr.. Bayard finds
1t difficult to get gentlemen of ability and
influence to 60 on the commission to me-
gotiate about the fisheries, because there
is nothing in the position that promises
anything but severe criticism. They will
not have any direct power, and it Is al
together probable that viii re-
pudiate anything that they. do, or
gani2ed as they will be in direct viola
ton of the expressed wishes of the last
congress, which by its action declared
that no treaty was wanted and author
lied retaliatory measures for violation by
the Canadians of the comfy of nations.
Mr.. Bayard, it is asserted, has conceded
to Canada that the treaty of 1878 ia in
force, a thing which was disputed both
in the house and senate. The commits
sion wonld have to treat upon the basis
of this concession, and would PROBABLY
bring upon themselves severe public cri-
ticfsm and possibly the direct censure of
congress and nniitio"i --'
Why HIS BLOOD BOILS.